Judge Rules DMV Can Make New Requirements
UPDATED: 12:51 p.m. EST January 30, 2004
Here is what I was thinking: in any state that allows illegal aliens to receive licenses or services, or does not properly document identification, why not commence a 42 USC 1983 action against the state government in federal court for deprivation of civil rights and privileges?
Here is what the law says:
Sec. 1983. - Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
Just for one example, the issuance of driver's licenses to illegals deprives a citizen of the protected privilege of driving (since most illegals aren't insured), voting (fraud and dilution of vote by non-citizen), and entitlement to jobs and benefit programs (since the programs cannot effectively be administered with the unwieldy weight of illegals. These are the "rights and privileges" of citizens, and they are being deprived under color of state authority. Just presenting the economic testimony in a petition for injunctive relief would be a hoot, IMO!
Then again, maybe it's been done and turned down, and I missed it? I would be interested in your thoughts. For once, I would like to see the lawsuits being assertive on the rights of citizens/national security/voter protection.